Utah DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §41-6a-502
A first DUI in Utah is classified as a Class B misdemeanor; elevated to Class A if bodily injury, wrong-way driving, or passenger under 16.
- Jail: 48 hours (court may allow 48 hours community service in lieu of jail) minimum to 6 months maximum
- Fine: $700 to $1,000 (plus surcharges)
- License suspension: 120 days; 2 years as alcohol-restricted driver (cannot drive with any measurable BAC)
- Substance abuse program: state-approved alcohol and drug education/screening program required
- Community service: 48 hours may be ordered in lieu of minimum jail
- Probation: available
Second offense
- Jail: 10 days (or 240 hours community service at judge's discretion) minimum to 364 days maximum
- Fine: $800 to $2,500
- License suspension: 2-year revocation; 10 years as alcohol-restricted driver
Third and subsequent offenses
- Jail/prison: 62.5 days minimum to 5 years in state prison maximum
- Fine: $1,500 to $5,000
- License suspension: 2 years; vehicle may be seized
- Felony threshold: third offense within 10 years is a third-degree felony; also felony if serious bodily injury or prior felony DUI
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 48 hours (court may allow 48 hours community service in lieu of jail)–6 months §41-6a-502 | $700–$1,000 (plus surcharges) §41-6a-502 | 120 days; 2 years as alcohol-restricted driver (cannot drive with any measurable BAC) §41-6a-502 | |
| Second DUI | 10 days (or 240 hours community service at judge's discretion)–364 days §41-6a-502 | $800–$2,500 §41-6a-502 | 2-year revocation; 10 years as alcohol-restricted driver §41-6a-502 | |
| Third DUI | 62.5 days–5 years in state prison §41-6a-502 | $1,500–$5,000 §41-6a-502 | 2 years; vehicle may be seized §41-6a-502 |
Lookback period
Utah uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- Bodily injury
- Passenger under 16 (or under 18 if driver is 21+)
- Wrong-way driving on highway
- Prior felony DUI or automobile homicide conviction
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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General answers to common questions. Specific outcomes depend on your facts and timing.
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